Contents

1. Summary
   1. Facts
   2. Holding
2. Comment
3. Further resources
4. The Decision

Summary

Metropolis Star Lab appealed a privacy violation ruling by the Data Commissioner. The High Court found the Data Commissioner failed to provide fair administrative action and fair hearing, by not sharing investigation reports or utilising mandatory alternative dispute resolution (ADR). The determination was set aside and quashed, remitting the case for proper handling.

Facts

The Appellant, Metropolis Star Lab Kenya Ltd, filed an appeal against a determination made by the Office of the Data Protection Commissioner (ODPC) on 6th September 2024. This determination had found them in violation of the Respondents' privacy rights and awarded compensation.

The Appellant's grounds for appeal were:

• The ODPC erred in law and fact by finding that the Appellant had violated the Respondents’ right to privacy.
• The ODPC erred in law and fact by finding that the Appellant had failed to fulfil its obligations as per the Data Protection Act, 2019.
• The ODPC erred in law and fact by failing to find that the Appellant lawfully processed the Respondents’ data.
• The ODPC erred in law and fact by finding that its relationship with its service provider fell outside the provisions of the Data Protection Act, 2019.
• The ODPC erred in law by awarding the Respondents compensation of Ksh. 250,000 each as damages for distress when the same was not pleaded nor proven.
• The ODPC erred in law and fact by failing to provide in its decision the basis, criteria, and rationale for awarding the Respondents compensation of Ksh. 250,000 each.

The Appellant requested that the appeal be allowed, the Data Commissioner's determination and any resultant orders be set aside, and they be awarded costs.

The Respondents, Januaries Robert Kioko and Ferdinand Wanga Makani, were the original complainants to the ODPC. Their complaints alleged that Metropolis Star Lab Kenya Ltd violated their right to privacy by unlawfully processing their telephone numbers for marketing and advertisement purposes. They stated that despite opting out multiple times, the marketing messages relentlessly persisted.